Civics/Geography UNIT 1 QUESTION 2 SEPTEMBER 12

Stinger  Identify three basic beliefs of the classical republicans.  Identify two important natural rights philosophers.  What is a social contract?

Unit 1 Question 2  What are the fundamental characteristics of a constitutional government?  In what ways does constitutional government mean limited government?  Describe at least three provisions of the constitution that provide a means of preventing the abuse or misuse of government power. Explain how these provisions work in our system of government today.

Graphic organizers  Frayer model for Constitution  Fold a paper once vertically and once horizontally to make four quadrants  Write the word constitution in the middle  Be prepared to write a definition for constitution in the upper left hand corner.  In the upper right hand corner write “A constitution is”  In the lower right hand corner write “A constitution is not”  In the lower left hand corner write “examples”  Triangle of Checks and balances  On the back of the paper, draw a triangle.  Label each corner as either congress, executive, or judicial.

Frayer Model DefinitionA Constitution is ExamplesA Constitution is not Constitution

Checks and balances triangle Legislative ExecutiveJudicial

What is a constitution  A social contract  An agreement between the people and the government that describes what power and responsibilities the government has as well as what powers, rights, and responsibilities people have  A list of rules for the Government to follow (not a list of rules for the people)  A blueprint or design of government structures

Limited Government  Rule of Law- even people in power have to follow rules set forth by the constitution  Keeps politicians from abusing power  Allows people to have the ultimate check on government power  Constitutions spell out government powers including things that government can and cannot do  Some constitutions provide consequences for what will happen if government officials abuse their powers  Prime ministers can be removed by parliamentary vote in most parliamentary governments  Some prime ministers can dissolve parliaments and/or call for new elections if the legislature is not working  Some legislatures can overturn executive decisions  Some judiciaries have the power to approve or disapprove of laws in advance of their passage

Tricky Stuff  Not all constitutions are written down (The British have an unwritten constitution that is one of the oldest in the world!)  Just because a government has a constitution does not mean it is a constitutional government  Constitutions only “count” if they truly limit government power  The Chinese government has a constitution in which the phrase that allows individuals to have power unless it conflicts with the needs of the state, therefore, there are no true limitations on Chinese power

How the United States Constitution Limits Power: Specific protections  Protection of writ of habeas corpus (Article I section 9)  Protection of right to trial by jury (Article III section 2)  Protections of multiple individual rights  Religion, speech, press, petition assembly (Amendment 1)  Bearing arms (Amendment 2)  Freedom from quartering troops (Amendment 3)  Freedom from unreasonable searches and seizures (Amendment 4)  Freedom from self incrimination (Amendment 5)  Specific rights of the accused (Amendment 6)  Right to a civil jury (Amendment 7)  Freedom from cruel or unusual punishments (Amendment 8)  Rights that haven’t been written down (Amendment 9)  Right to all powers not given to the federal or state governments (Amendment 10)  Right to vote (all men: 15; women: 19; if you live in DC:23, without paying taxes: 24, over 18:26)  ETC!!!!

How the United States Constitution Limits Power: Checks and Balances  Not just “Parchment barriers”  Legislative branch can  Check the executive by  Refusing to approve appointments  Refusing to ratify treaties  Not providing funding  Passing acts of censure  Overriding a presidential veto  Impeaching the president  Check the judicial branch by  Refusing to approve judges  Changing the jurisdiction of the court, except the original jurisdiction of the Supreme Court  Beginning the process to amend the Constitution  Limiting judicial pay increases  Impeaching judges

How the United States Constitution Limits Power: Checks and Balances  The executive can  Check the legislature by  Vetoing a bill  Calling a special session of Congress  Operating while Congress is out of session  Check the judicial branch by  Appointing judges and justices  Refusing to enforce judicial rulings  The judicial branch can  Check the executive by  Issuing a writ of mandamus to force the executive to do something  Declaring actions unconstitutional and therefore null and void  Check the legislature by  Reinterpreting legislation  Declaring legislation unconstitutional and therefore null and void

How the United States Constitution Limits Power  Reserving certain powers to the states (Amendment 10)  Reserving certain powers to the people (Amendment 10)  Providing for frequent elections, because the ultimate check on government power comes from the PEOPLE!!

To Do Now and for Homework:  Now:  Read “Limiting Government” article  Complete Worksheet  Turn in  For Homework:  Read “Rule of Law” Article  Complete Worksheet  Turn in on September 16

Exit Ticket  1. What is a constitution?  2. What is a constitutional government?  3. What do constitutions have to do with limited power and rule of law?